| (1) |
Processing of Legal Aid Applications
Aim
The aim is to ensure that legal aid service is provided only to eligible applicants.
Brief Description
|
| |
- The Application and Processing Division assesses the applicant's eligibility for civil legal aid on means and on merits. The Division also assesses the amount of contribution payable by the applicant. Criminal legal aid applications are assessed by the Crime Section.
-
The current ceiling of an applicant's financial resources for both civil and criminal legal aid is $175,800. A self-financing Supplementary Legal Aid Scheme provides civil legal aid to those whose financial resources exceed the current ceiling but are not over $488,400. The scheme covers personal injury claims, medical, dental and legal negligence claims where the claim for damages is likely to exceed $60,000 as well as claims under the Employees' Compensation Ordinance irrespective of the amount of the claim.
-
The Director may waive the eligibility limit in meritorious cases in which a breach of the Hong Kong Bill of Rights Ordinance or an inconsistency with the International Covenant on Civil and Political Rights is an issue but the applicant is required to pay a contribution.
-
Under Rule 15(2) of the Legal Aid in Criminal Cases Rules, the Director may grant legal aid in criminal cases even if an applicant's financial resources exceed the eligibility limit if the Director is satisfied that it is desirable in the interests of justice to do so.
- A merits test will be carried out to ensure that an applicant has reasonable grounds for litigation or defending in civil cases. For criminal appeals, legal aid will be granted to applicants for trial if it is desirable in the interests of justice to do so. For criminal appeal cases, it must be shown that there are valid grounds of appeals.
-
There are provisions for appeal against the Director's refusal to grant legal aid in civil cases, on means or on merits.
- For criminal cases, if the applicant is refused legal aid on merits, the judge hearing the case may grant legal aid provided the applicant is eligible on means. If the case involves murder, treason or piracy with violence, the judge hearing the case may grant legal aid and exempt the applicant from the means tests and the payment of contribution. If the application, be it civil or criminal, is for appeal to the Court of Final Appeal and is refused, the applicant may apply to a Review Committee made up of the Registrar of the High Court and a representative each of the Hong Kong Bar Association and the Law Society of Hong Kong.
|
| (2)
|
Litigation
Services
Aim
The aim is to discharge statutory duties relating to legal proceedings with high professional standards.
Brief Description
Assigning out and monitoring of cases
The Application and Processing Division and the Crime Section of the Litigation Division regularly and systematically monitor cases assigned to private practitioners.
In-house
litigation
|
| |
1. |
Civil
litigation
|
| |
(a)
|
Personal Injury and miscellaneous litigation:
Represents legally aided persons in their claims for compensation under the Employees' Compensation Ordinance, damages for personal injuries or death involving negligence of others, damages for professional negligence and arrears of wages for seamen.
|
| |
(b) |
Matrimonial:
Litigates cases for legally-aided persons by taking or defending proceedings for separation, dissolution of marriage/ancillary and other relief, wardship and affiliation.
|
| |
(c) |
Insolvency:
Litigates cases for legally aided persons for the recovery of arrears of wages and related employment benefits and judgement debts by taking winding-up and bankruptcy proceedings.
|
| |
2. |
Criminal
litigation
Represents legally aided persons at committal proceedings in the Magistrates’ Court, plea day hearings in the District Court, listing hearings in the Court of First Instance, bail applications at all levels of courts, and also acts as instructing solicitors in the trials and appeals in the Court of First Instance, the Court of Appeal and the Court of Final Appeal.
|
| |
|
| (3) |
Legal
Support
Aim
The aims are to provide effective support services before and after litigation and to review/make recommendations to the government on legal aid policy to meet areas of perceived need and to achieve better value for money.
Brief Description
Legal support in terms of services before and after litigation includes :
|
| |
- Insolvency - assisting employees who have not been paid their entitlements by their employers in obtaining ex-gratia payments from the Protection of Wages on Insolvency Fund Board;
-
Costing - dealing with assessment of costs, preparation of bills of costs/lists of objections and attending taxation hearings;
-
Enforcement - dealing with the enforcement of unsatisfied judgements and orders;
|
| |
In the area of policy and legislation, constant effort is made to improve the practical working of the legal aid scheme; to increase the department's efficiency and productivity; to make recommendations on any change in legal aid legislation; and to comment on other legislations which may have an impact on the provision of legal aid services.
|
